| Case ID |
1affdcc8-9bc2-49cb-982f-b531f3e006a1 |
| Body |
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| Case Number |
Civil Appeal No. 899 of 1998 |
| Decision Date |
Jun 18, 2002 |
| Hearing Date |
Apr 11, 2002 |
| Decision |
The Supreme Court of Pakistan ruled that the allotment of plots by the Federal Government Employees Housing Foundation does not constitute terms and conditions of service for civil servants, thus making appeals to the Federal Service Tribunal regarding such allotments non-maintainable. The court emphasized the need for the Housing Foundation to act fairly and justly according to the law, despite its non-statutory status. It highlighted that while the Housing Foundation operates under the directive of the Prime Minister and is managed by government functionaries, it must adhere to its declared policies and the rights of individuals impacted by its decisions. The court set aside the decision of the Federal Service Tribunal, reinforcing the principle that actions of the Housing Foundation are subject to judicial review. |
| Summary |
This case revolves around the Federal Government Employees Housing Foundation's role in allotting plots to civil servants and the legal implications of such actions. The Supreme Court of Pakistan found that the Housing Foundation, although a registered company under the Companies Ordinance, 1984, functions as an official agency of the Federal Government. The case highlights issues of judicial review, the rights of civil servants, and the nature of governmental agencies. The court's ruling clarifies that the Housing Foundation's actions are subject to scrutiny under the Constitution of Pakistan, and emphasizes the importance of adhering to fair practices and policies. This case is pivotal for understanding the intersection of company law, constitutional rights, and governmental functions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government Employees Housing Foundation,
Pakistan Broadcasting Corporation,
Ministry of Housing and Works, Government of Pakistan
|
| Judges |
SH. RIAZ AHMED, CHIEF JUSTICE,
MIAN MUHAMMAD AJMAL, JUSTICE,
MUHAMMAD NAWAZ ABBASI, JUSTICE
|
| Lawyers |
Syed Asghar Hussain Sabzwari, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Appellants,
Nemo for Respondent
|
| Petitioners |
FEDERAL GOVERNMENT EMPLOYEES HOUSING FOUNDATION THROUGH Director General, ISLAMABAD AND ANOTHER
|
| Respondents |
MUHAMMAD AKRAM ALIZAI, DEPUTY CONTROLLER, PBC, ISLAMABAD
|
| Citations |
2002 SLD 656 = 2002 PLC 1655
|
| Other Citations |
Gulshan Hussain and others v. The Collector; Islamabad Capital Territory and the Federal Government Employees Housing Foundation, Government of Pakistan through Secretary, Housing and Works 2000 YLR 1711,
Principal, Cadet College, Kohat v. Muhammad Shoab Qureshi PLD 1984 SC 170,
Anwar Hussain v. Agricultural Development Bank of Pakistan PLD 1984 SC 194,
Maqsood Ahmed Toor v. Federation of Pakistan through Secretary, Government of Pakistan, Ministry of Housing and Works, Islamabad and others 2000 SCMR 928,
Abdul Rahim v. Pakistan Broadcasting Corporation 1992 SCMR 1213
|
| Laws Involved |
Companies Ordinance, 1984,
Constitution of Pakistan (1973),
Land Acquisition Act (I of 1894),
Service Tribunals Act (LXX of 1973)
|
| Sections |
13,
212(3),
199,
4,
4
|